Other conditions decisions — 2009

The Veteran's service-connected thoracic spine disability is currently rated at 10 percent, and the Board has determined that this rating is appropriate based on the evidence of record.

The Veteran's pleural plaques are found to be related to his in-service exposure to asbestos, and he is granted service connection for a lung disorder in the form of pleural plaques secondary to asbestos exposure (claimed as asbestosis).

The Board has determined that the Veteran's currently diagnosed dental disorder is not related to in-service trauma and is instead due to periodontal disease and caries. As such, service connection for a dental disorder is denied.

The Board has remanded the case due to additional evidence received after the last supplemental statement of the case. The Veteran's claim for apportionment from disability compensation benefits is pending.

The Veteran's claims for service connection for prostate disease and impotency as secondary to prostate disease were denied. The Board found no evidence of a chronic prostate disability during or after service, and the current impotency was not shown to be related to service.

The VA determined that the Veteran's pneumocystis jiroveci and histoplasmosis infections did not begin during service or are related to any incident of service.

The Board has determined that the Veteran's right leg disability is not related to service and denied his claim for service connection.

The Board granted a 10 percent evaluation for the Veteran's TMJ disability from September 19, 2000 to November 4, 2008. For the period beginning November 5, 2008, the rating was increased to 20 percent.

The Veteran's claims for increased ratings for his right hand disability and higher level of special monthly compensation were denied by the Board.

The Board has granted a separate initial compensable rating of 10% for the scar on the anterior neck, effective February 17, 2009.

The Board has remanded the case for further development and readjudication, including obtaining updated financial information from both parties.

The Veteran's initial claims for increased evaluations of his shoulders were denied. The right shoulder was found to have mild to moderate degenerative changes with slight narrowing of the glenohumeral joint, and the left shoulder had very slight limitation of motion due to arthritis.

The Board denied the appellant's claim for service connection for the cause of her husband's death due to a lack of evidence showing that his pancreatic cancer was caused by exposure to ionizing radiation during military service.

The Board denied the Veteran's request to reopen his claim for service connection for head injury residuals, finding that no new and material evidence had been received.

The Veteran's claim for an effective date earlier than January 23, 2006 for the award of a total rating for compensation based upon individual unemployability was denied as there is no evidence that he could not secure or follow substantially gainful employment due to his service-connected disability.

The Veteran's service-connected left eye injury resulted in a current disability rating of 10 percent effective January 22, 2009. The claim for an increased rating is denied as the evidence does not support a higher evaluation.

The Veteran's claim for vocational rehabilitation benefits was initially denied due to his achievement of a vocational goal not being reasonably feasible. The decision is now reconsidered based on recent improvements in the Veteran's mental condition.

The Board found that the Veteran's perforated diverticulitis and partial colectomy were not caused by VA treatment or failure to diagnose and treat his diverticulosis, thus denying entitlement to VA compensation under 38 U.S.C.A. § 1151.

The Veteran's death was caused by Amyotrophic Lateral Sclerosis (ALS), which is a disease recognized for VA service connection. The appellant is granted eligibility for Dependents' Educational Assistance (DEA) benefits under Chapter 35.

The Veteran's appeal is remanded for further development, including a VA examination to assess the current severity of his thoracic spine disability and any associated nerve impairment. The RO should also consider whether there are incapacitating episodes due to intervertebral disc syndrome.